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69R-317RESOLUTION NO. 69R- 317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF VERMONT AVENUE AND AN EASEMENT FOR ROADWAY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES, INCLUDING, BUT NOT LIMITED TO, WATER TRANSMISSION AND DISTRIBU- TION LINES. AND SANITARY SEWERS AND STORM DRAINS, OVER, UNDER, ACROSS, ALONG AND THROUGH SAID PROPERTY; FIXING A TIME AND. PLACE. FOR HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND. THE PUBLICAT OF THIS RESOLUTION. WHEREAS, a request has been made for the abandonment of a portion of Vermont Avenue and an easement for roadway purposes upon, over, across and along the hereinafter described property; and WHEREAS, the City Council of the. City of. Anaheim does elect to proceed under the provisions of the Street Vacation Act of 1941, to abandon or vacate said portion of Vermont Avenue and easement for roadway purposes; and WHEREAS, the. City Council does declare that it intends to reserve an easement for public utility purposes including, but not limited to, water transmission and distribution lines and sanitary sewers and storm drains, over, under, across, along and through the hereinafter described property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the. City of Anaheim that it does hereby declare that it intends to vacate, abandon and close to public use a portion of Vermont Avenue and easement for roadway purposes upon, over, across and along the following described property situated in the. City of Anaheim, County of Orange, State of California, to wit: That portion of. Vermont Avenue (6 feet wide), for- merly known as Broad Street, lying Northerly of and adjacent to Lot 29 of. the Anaheim Extension as shown on a map of survey made by William Hamel and filed in the. Office of the County Recorder of Los Angeles County, California, a copy of which is shown in Book 3, pages 163 et seq, entitled Los Angeles County Maps, records of Orange County, California. Excepting therefrom the Westerly 57 feet thereof, as measured to the centerline of West Street. Also excepting therefrom any portion thereof lying within the State. Highway on the east. Also excepting therefrom that portion described in the deed to the City of Anaheim recorded December 15, 1965 in Book 7775, page 70 of Official Records of Orange County, California. and that it does elect to proceed under the provisions of the Street Vacation Act of 1941; and BE IT FURTHER RESOLVED that the City Council does hereby further .declare that it intends to reserve an easement for public utility purposes including, but not limited to, -1- water transmission and distribution lines and sanitary sewers, and storm drains, over, under, across, along and through the entire 66 foot wide strip of land hereinabove-described. BE IT FURTHER RESOLVED. that reference is hereby made to a map on file in the Office of the City Clerk for further particulars as to the proposed vacation, abandonment and closing to public use of said portion of. Vermont Avenue and easement for roadway purposes, and said reservation of easement for public utility purposes including, but not limited to, water transmission and distribution lines and sanitary sewers and storm drains. BE IT FURTHER RESOLVED that a time and place for hearing all persons interested in or objecting to the proposed vacation and abandonment shall be fixed not less than fifteen (15) days from the date of the passage of this Resolution. That the 17th day of June 1969, at 1:30 o'clock P.M. in the Council Chamber in the City. Hall in the. City of Anaheim is hereby fixed as the time and place for a public hearing on the matter of such vacation, abandonment and closing to public use of said portion of avenue and easement for roadway purposes, for all persons interested in or objecting to such proposed vacation, abandonment and closing to public use to appear and show cause, if any they have, why such portion of avenue and easement and the use thereof for the purposes hereinabove mentioned should not be vacated, abandoned and closed to public use;. and BE IT FURTHER RESOLVED. that notices of such proposed vacation and abandonment of said portion of avenue and easement and the use thereof for. the .purposes herein mentioned shall be posted conspicuously along the line of said roadway and easement at least ten (10). days before the date set for said hearing. Such notices shall be posted not more than 300 feet apart, and at least three (3) such notices shall be. posted. Such notices shall state the passage of this Resolution of Intention and the time and place of the hearing upon the matter of such vacation and abandonment of said portion of avenue and easement; and BE IT FURTHER RESOLVED that proof of publication of any notice required by this resolution shall be made by affidavit as provided in the Code of Civil Procedure, and proof of posting of any such notice shall be made by affidavit of the person posting the notice, setting forth the facts regarding such posting; and BE IT FURTHER RESOLVED. that the City Clerk shall certify to the passage of this resolution and shall cause the same to published in the manner prescribed by law, in the Anaheim Bulletin, a newspaper of general circulation, printed published and circulated in said City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 27th day of May, 1969. ATTEST: DENE M. WILLIAMS, CITY CLERK By G� Deputy CITY CLERK OF THE. CITY OF ANAHEIM YOR T:i CITY. OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DIE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 69R -317 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 27th day of May, 1969, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Pebley and Clark NOES: COUNCILMEN: None TEMPORALY ABSENT: COUNCILMEN: Schutte ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R -317 on the 27th day of May, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th day of May, 1969. DENE M. WILLIAMS, CITY CLERK By CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 69R -317 duly passed and adopted by the Anaheim City Council on May 27, 1969. DENE M. WILLIAMS, CITY CLERK By 27 ,„9Z Deputy City Clerk